- (1.) THE complainant has sent 5 money orders of which three were for Rs. 2,000/ - each, one for Rs. 1,000/ - and another for Rs. 500/ -. He paid the commission therefor. But the amount due in the money order was not received by the payee. When complaints were made to the opposite parties, they did not choose to respond properly. Even after a lapse of 4 months from the date of money order, they did not care to find out the true position. Thus, there is deficiency in service on their part. Hence, the complainant filed a complaint for directing the opposite parties to refund the sum of Rs. 7,500/ - along with money order commission paid by him and a sum of Rs. 50,000/ - as compensation for mental agony and hardship with a cost of Rs. 1,000/ -.
(2.) THE opposite parties submitted that the complaint is not maintainable in view of the bar under Section 6 of the Indian Post Office Act. It is no doubt true that the money orders were booked at Kappalur Industrial Estate Post Office. There is no time limit fixed for payment of ordinary money order. Immediately on the complaint, an enquire note was issued by the 2nd opposite party. The money orders were sent to Madras V -SAT branch for onward transmission. But, due to technical fault they were lost. After confirming that the money orders were not paid to the remitter, duplicate money orders were issued on 29.11.1995 and were sent to Kappalur Industrial Estate for payment to the remitter of the money orders. The remitter received the payment under the duplicate money orders on 12.2.1996. There was no wilful or fraudulent act by any officer of the Post Office. There is no hiring of service. The complainant is not a consumer. Therefore, the opposite parties submitted that the complaint be dismissed with cost.
(3.) THE District Forum passed an order accordingly on 10.9.1998 directing the opposite parties to pay interest @ 12% on Rs. 7,500/ - from 13.3.1995 till payment and to pay a sum of Rs. 16,000/ -. Aggrieved by the same, the opposite parties have now come forward with this appeal.;